The best way to protest is to ask a lawyer to help you better safeguard your rights and interests. In the protest of the procedure of second instance, only the local people's procuratorate at the same level has the right to protest against the judgment or ruling of first instance that has not yet taken legal effect. According to the Rules of Criminal Procedure of the People's Procuratorate, the people's procuratorate at a higher level may instruct the people's procuratorate at a lower level to lodge a protest according to law. The victim and his legal representative have the right to request the people's procuratorate to lodge a protest. The people's procuratorate at a higher level shall decide whether to support or withdraw the protest. The people's procuratorate at a lower level has the right to request reconsideration of the decision of the people's procuratorate at a higher level to withdraw the protest, and the people's procuratorate at a higher level shall conduct reconsideration and notify the people's procuratorate at a lower level of the reconsideration result. Cases protested by procuratorial organs shall be reported to the Standing Committee of the people's congress at the same level for the record in accordance with regulations. Article 242 of the Criminal Procedure Law The procedure of the people's court of second instance in hearing cases of appeal or protest shall be implemented with reference to the provisions of the procedure of first instance, except as already provided in this chapter.
Legal objectivity:
Criminal procedure law
Article 228
Local people's procuratorates at various levels shall lodge a protest with the people's court at the next higher level when they think that the judgment or ruling of the people's court at the corresponding level is indeed wrong.
Criminal procedure law
Article 229
If the victim or his legal representative refuses to accept the judgment of first instance of the local people's courts at all levels, he has the right to request the people's procuratorate to lodge a protest within five days after receiving the judgment. After receiving the request of the victim and his legal representative, the people's procuratorate shall make a decision on whether to protest within five days and reply to the request.